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thellama73
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Posted: September 17 2010 at 12:23 |
I have no idea what this thread is about any more. What do German laws have to do with the original topic? Nothing, I say!
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ExittheLemming
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Posted: September 17 2010 at 12:33 |
thellama73 wrote:
I have no idea what this thread is about any more. What do German laws have to do with the original topic? Nothing, I say!
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Yes, apart from a large helping of Schadenfreude, nothing really.
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Icarium
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Posted: September 17 2010 at 12:35 |
Ich can nicht verstehe was diesen discusion ist vor
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ExittheLemming
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Posted: September 17 2010 at 12:40 |
aginor wrote:
Ich can nicht verstehe was diesen discusion ist vor | Ich bin rechts und Sie sind falsch Seite 16
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Mr ProgFreak
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Posted: September 17 2010 at 12:53 |
Ivan_Melgar_M wrote:
But your interpretation has no legal logic ot value to be sincere, a restrictive law must be specific, you can't say.
Whoever, in a manner that is capable of disturbing the public peace
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... and either "zum Haß gegen Teile der Bevölkerung aufstachelt oder zu Gewalt- oder Willkürmaßnahmen gegen sie auffordert oder" or "die Menschenwürde anderer dadurch angreift, daß er Teile der Bevölkerung beschimpft, böswillig verächtlich macht oder verleumdet". Those are qualifiers that you can't simply leave out.
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The T
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Posted: September 17 2010 at 12:54 |
Freude, schöner Götterfunken, Tochter aus Elysium, Wir betreten feuertrunken. Himmlische, dein Heiligtum! Deine Zauber binden wieder Was die Mode streng geteilt; Alle Menschen werden Brüder Wo dein sanfter Flügel weilt.
Schiller and Ludwig were so naive... 
Edited by The T - September 17 2010 at 12:55
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Mr ProgFreak
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Posted: September 17 2010 at 12:55 |
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Mr ProgFreak
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Posted: September 17 2010 at 13:15 |
Ivan_Melgar_M wrote:
Just in case, Glorification of National Socialism is not a crime per se in this case t's just a worst form of agitation of people:
Section 130 Agitation of the People
(...)
(3) Whoever publicly or in a meeting approves of, denies or renders harmless an act committed under the rule of National Socialism of the type indicated in Section 220a subsection (1), in a manner capable of disturbing the public peace shall be punished with imprisonment for not more than five years or a fine.
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As a fact, the accusation of this guys must have been done for Agitation of People in the form of Glorification of National Socialism, and being that both (burning books in public) are a same crime, the DA had to choose the worst one, but you need two components for his crime:
1.- Alter public order
2.- Glorify National Socialism or deny holocaust.
Leave law interpretation to the lawyers and legislators.
Iván |
Well, thanks for confirming that this isn't related to the burning of books. I'm well aware of this type of German legislation - it deals specifically with our past as a country. Freedom of speech/expression is limited in Germany when it comes to National Socialism - you may even be sent to prison for raising your right arm in an particular way. IMO there are better ways to fight radicals than outlawing topics and making special exceptions, and hopefully at some point in the near future we'll be able to leave this behind us.
Edited by Mr ProgFreak - September 17 2010 at 13:54
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Ivan_Melgar_M
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Posted: September 17 2010 at 14:57 |
Mr ProgFreak wrote:
[ Well, thanks for confirming that this isn't related to the burning of books. I'm well aware of this type of German legislation - it deals specifically with our past as a country. Freedom of speech/expression is limited in Germany when it comes to National Socialism - you may even be sent to prison for raising your right arm in an particular way. IMO there are better ways to fight radicals than outlawing topics and making special exceptions, and hopefully at some point in the near future we'll be able to leave this behind us.
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Mike, don't try to be a wise a$$
Subsection 3 talks about NAZI apologetuics,. But subsection 1 says clearly:
Section 130 Agitation of the People
(1) Whoever, in a manner that is capable of disturbing the public peace:
1. incites hatred against segments of the population or calls for violent or arbitrary measures against them; or
2. assaults the human dignity of others by insulting, maliciously maligning, or defaming segments of the population,
shall be punished with imprisonment from three months to five years. |
Meaning that it's enough to
- In a manner that is capable of disturbing the public peace and
- incite hatred against segments of a population
- OR insult the dignity
Without the requirement of any NAZI apologetics.
NOTE: For those who say this is unrelated, it has been said that in any democratic system, stop a burning of books would be in-constitutional, I clearly showed that there are legal ways to stop it in USA and even more in Germany, the country from where Mike (who talks more about Freedom of Speech) comes.
He tried to teach me laws...That's another comic issue.
Iván
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Mr ProgFreak
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Posted: September 17 2010 at 15:13 |
^ Sure, there are other actions/groups that qualify, but the paragraph was created primarily to deal with Neo National Socialism. 1 and 2 deal with the generalized version (hate crimes, racism, nationalism ...) while 3, 4 and 5 deal with National Socialism.
BTW: Your mannerism is pathetic ... particularly speaking of yourself as "us" (as if it was you and the rest of the world against Mike) and addressing me in the third person.
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Ivan_Melgar_M
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Posted: September 17 2010 at 15:19 |
Mr ProgFreak wrote:
^ Sure, there are other actions/groups that qualify, but the paragraph was created primarily to deal with Neo National Socialism. 1 and 2 deal with the generalized version (hate crimes, racism, nationalism ...) while 3, 4 and 5 deal with National Socialism. |
That's what I said, paragraphs 1 and 2 qualify as hate crimes and any good lawyer can include Qur'an burning into it.
Mr ProgFreak wrote:
BTW: Your mannerism is pathetic ... particularly speaking of yourself as "us" (as if it was you and the rest of the world against Mike) and addressing me in the third person.
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Where have I spoken about me as us?
I never use the majestic plural, I'm not part of an imaginary nobility, the head of the Catholic Church or Richard Dawkins 
Always refered to me as I (first person sigular), the only time I used the word US is when I said with sarcasm "Illuminate us with your wisdom", refered to all Prog Archives, because this posts are not exclusively for you and me, in all the other cases I used the words I or me.
Iván
Edited by Ivan_Melgar_M - September 17 2010 at 15:28
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Mr ProgFreak
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Posted: September 17 2010 at 15:28 |
Ivan_Melgar_M wrote:
Mr ProgFreak wrote:
^ Sure, there are other actions/groups that qualify, but the paragraph was created primarily to deal with Neo National Socialism. 1 and 2 deal with the generalized version (hate crimes, racism, nationalism ...) while 3, 4 and 5 deal with National Socialism. |
That's what I said, paragraphs 1 and 2 qualify as hate crimes and any good lawyer can include Qur'an burning into it.
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And any good lawyer could defend against it.
Iván wrote:
Mr ProgFreak wrote:
BTW: Your mannerism is pathetic ... particularly speaking of yourself as "us" (as if it was you and the rest of the world against Mike) and addressing me in the third person.
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Where have I spoken about me as us?
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"Please illuminate us with your legal wisdom"
Iván wrote:
I never use the majestic plural, I'm not part of an imaginary nobility, the head of the Catholic Church or Richard Dawkins 
Always refered to me as I (first person sigular).
Iván |
I rest my case again. 
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Ivan_Melgar_M
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Posted: September 17 2010 at 15:30 |
Read my previous post Mike, If you can't notice that Iluminate us with your wisdom, is a sarcastic phrase asking you to iluminate all Prog Archives with your "wisdom",, being that now you are lawyer, well Mike......
Iván
Edited by Ivan_Melgar_M - September 17 2010 at 15:36
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Mr ProgFreak
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Posted: September 17 2010 at 15:31 |
Incidentally: I have many good friends from University who studied law ... two of them are judges. I will ask them about their opinion on this matter and post it here. If I'm wrong I'll gladly admit it, but I'm still very sure that you could not use STGB 130 in this case. Remember, we're talking about people burning their own books as a statement of protest.
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Mr ProgFreak
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Posted: September 17 2010 at 15:32 |
Ivan_Melgar_M wrote:
Read my previous post Mike,
Iván |
You mean the one where you spoke of Mike in the third person? I did ... now what?
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Ivan_Melgar_M
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Posted: September 17 2010 at 15:34 |
Mr ProgFreak wrote:
Incidentally: I have many good friends from University who studied law ... two of them are judges. I will ask them about their opinion on this matter and post it here. If I'm wrong I'll gladly admit it, but I'm still very sure that you could not use STGB 130 in this case. Remember, we're talking about people burning their own books as a statement of protest. |
I agree, any lawyer will tell you that this can be part of a trial and that any position can win, but I believe in mine...BTW: PUBLIC BURNING:
Iván
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Mr ProgFreak
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Posted: September 17 2010 at 15:35 |
Ivan_Melgar_M wrote:
Read my previous post Mike, If you can't notice that Iluminate us with your wisdoom, is a sarcastic phrase asking you to iluminate all Prog Archives with your "wisdom",, being that now you are lawyer, well Mike......
Iván |
Sarcasm not withstanding, "us" is plural. And you've been doing that on many occasions, usually in a religious context (e.g. "us Christians" or "us Catholics"). Come on, you often reminded me that precision is important, and now you, the lawyer, ask me to ignore the fine print?
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Ivan_Melgar_M
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Posted: September 17 2010 at 18:30 |
Mr ProgFreak wrote:
Ivan_Melgar_M wrote:
Read my previous post Mike, If you can't notice that Iluminate us with your wisdoom, is a sarcastic phrase asking you to iluminate all Prog Archives with your "wisdom",, being that now you are lawyer, well Mike......
Iván |
Sarcasm not withstanding, "us" is plural. And you've been doing that on many occasions, usually in a religious context (e.g. "us Christians" or "us Catholics"). Come on, you often reminded me that precision is important, and now you, the lawyer, ask me to ignore the fine print?
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Of course I have to say us Catholics or Us Christians, would be arr idiotic to say I Catholics when there are 1.5 billions of us and even more when I don't make an interpretation of a dogma but the Pope in representation of us Catholics.
I believe you are getting a bit touchy..
Iván
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Mr ProgFreak
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Posted: September 18 2010 at 03:24 |
If my close friends and relatives are any indication, the pope does not represent all catholics.
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Ivan_Melgar_M
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Posted: September 18 2010 at 12:15 |
Mr ProgFreak wrote:
If my close friends and relatives are any indication, the pope does not represent all catholics. |
Then they simply are not Catholics.
Because a Catholic must accept the authority of the Pope.
Iván
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